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Patna High CourtCR. MISC./40896/2025bail rejected

Bandhan Goswami @ Arbind Giri v. The State Of Bihar

2025-08-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40896 of 2025 Arising Out of PS. Case No.-262 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Bandhan Goswami @ Arbind Giri S/O Ganesh Giri @ Ganesh Goswami Resident of Village- Dumduma (Chakosaho), Ward no 09, PS- Patori, District- Samastipur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Shekhar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad. App, ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Patori P.S. Case No. 5133013240262 of 2024, instituted for the offences punishable under Sections 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that daughter of the informant was done to death for non-fulfillment of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the petitioner is husband of the deceased. The allegation levelled against the petitioner is general and omnibus in nature. No any

Patna High Court CR. MISC. No.40896 of 2025(3) dt.21-08-2025 2/3 demand of dowry has been made from the petitioner. It is next submitted that the deceased was having a sudden chest pain for which the petitioner tried to consult a doctor but before she could be taken to the hospital, she died. The petitioner is in custody since 18.07.2024 and has got no criminal antecedent. It is further submitted that the trial is already in progress and out of eight charge-sheeted witnesses, two witnesses have been examined in this case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner and he is husband of the deceased. It is further submitted that the witnesses have supported the prosecution case and the trial is already in progress. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, present stage of trial, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a period of five months from the date of receipt/production, the

Patna High Court CR. MISC. No.40896 of 2025(3) dt.21-08-2025 3/3 petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T